INTEROFFICE MEMORANDUM
To:
Thru:
From:
Commissioners
LaDonna Castañuela, Chief Clerk
Glenn Shankle, Executive Director
David C. Schanbacher, P.E., Chief Engineer
Date: May 25, 2007
Docket No.:
Subject:
2007-0613-SIP
Commission Approval for Signing of the Corpus Christi Eight-Hour Ozone (Eight- O
3
)
Flex Memorandum of Agreement (MOA) Plan
Project No. 2007-008-SIP-NR
Reasons for the Memorandum of Agreement:
The Corpus Christi urban airshed, comprising Nueces and San Patricio Counties, is designated attainment by the U.S. Environmental Protection Agency (EPA) under the eight-hour ozone standard. The Corpus Christi urban airshed is considered to be one of several near nonattainment areas in Texas. The current design value, based on 2004-2006, is 72 ppb. Stakeholders in these counties expressed a desire to develop an O
3
Flex program based on the eight-hour ozone standard and sent a letter of intent to do so to EPA from the Mayor of
Corpus Christi on October 4, 2004. EPA issued guidelines for the Eight-O
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Flex Program on May 18, 2006, similar to the previous one-hour ozone flex program. A letter from the Mayor of Corpus Christi, to EPA, dated August 18, 2006, reaffirmed intent to participate in the Eight-O
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Flex Program.
The purpose of the Eight-O
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Flex program is to encourage eight-hour ozone attainment areas nationwide to reduce ozone emissions to continue to meet the National Ambient Air Quality Standard (NAAQS) for ozone.
The Eight-O
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FIex program could be considered the third generation of flexible, ozone attainment initiatives, as its predecessors include the Flexible Attainment Region (FAR) and the One-Hour Ozone Flex program, which focused on taking proactive steps to reduce emissions of ozone-generating pollutants to improve an area's air quality. The Corpus Christi area has proactively participated in both over the past several years.
Background information:
Similar to the One-Hour Ozone Flex Program, the Eight-O
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Flex program will be implemented through a voluntary intergovernmental agreement (Memorandum of Agreement) among EPA, the TCEQ, and the local communities. Areas eligible to participate in the Eight-O
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Flex program are those designated as attainment or unclassifiable/attainment for the eight-hour ozone standard, as published on April 30, 2004 (69 FR 23858).
This revision has been adapted from the previous One-Hour Ozone Flex Plan and will include the elements required by EPA for participation in the Eight-O
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Flex program. The local entities in Corpus Christi initiated and wrote the Eight-O
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Flex plan according to writing guidance that may differ in style and format from standard agency SIP document guidelines.
Under what authority are we adopting these changes?
This Agreement will allow the area to maintain compliance with the eight-hour ozone National Ambient Air
Quality Standard.
Effect on the:

Commissioners
Page 2
May 25, 2007
Re: Docket No. 2007-0613-SIP
There are no proposed rulemaking changes associated with this agreement, therefore, there are no direct effects to any person in Nueces and San Patricio Counties.
• Regulate Community: NA
•
•
Public: Air Quality benefits – Standard maintained
Agency programs: No new effects, however, the TCEQ will continue air monitoring and emission inventory data gathering activities in support of this Eight-O
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Flex Plan.
Stakeholder meetings:
Stakeholders involved in this plan are the City of Corpus Christi, Nueces County, San Patricio County, Port of Corpus Christi Authority, Corpus Christi Regional Transportation Authority, Corpus Christi MPO, TCEQ, and EPA.
Key points in the MOA schedule:
Agenda date: June 13, 2007
The Corpus Christi Air Quality Committee proposes a signing ceremony and news media event in Corpus
Christi in June 2007 with TCEQ and EPA representatives.
Public comment:
EPA’s Eight-Hour Ozone Flex Program guidance does not require public hearings for these types of plans.
Agency contacts:
Kathy Singleton, Project Manager, 239-6098, Air Quality Division
Erin Selvera, Staff Attorney, 239-6033
Attachments cc: Chief Clerk, 5 copies
Executive Director’s Office
David C. Schanbacher, P.E.
Jason Skaggs
Ashley K. Wadick
Office of General Counsel
Kathy Singleton cc (without attachments):
Dan Long, Staff Attorney
Kerry Howard, Program Office Liaison
Booker Harrison, OLS Liaison
Russ Kimble, OLS